WHAT TYPE OF CASE IS DOMESTIC VIOLENCE?

Domestic violence cases are often varied, and it can be hard to know what to expect. Whether you are the victim of domestic violence or are facing domestic violence claims, it is understandable to want to know what to expect.

Unfortunately, there is no set formula for how a domestic violence charge will be handled. In some cases, these claims end up with civil charges, where in other situations they are considered criminal claims.

Though this can be confusing, it is important to understand the difference so that you can approach your individual situation with some background knowledge. One of the best ways to successfully fight a case is for those involved to understand the process and what is going on. This way, facts can be presented accurately, and the court can properly assign charges.

Domestic violence is unique because it often involves a bit of civil and a bit of criminal law. Therefore, in order to understand how a domestic violence case might play out, one needs to understand an overview of both kinds of law.

Civil law can be a little bit more flexible, and often is at the discretion of the victim. In this situation, the victim is asking that the court provide physical and/or financial protection from the perpetrator. They still must prove that abuse has occurred, but the end result is generally a protective order or a financial settlement.

In civil law cases, a perpetrator does not necessarily go to jail. In fact, most civil cases do not end this way. However, if the perpetrator violates any court protective orders or fails to pay damages, there can be consequences.

Civil cases also give the victim the opportunity to drop the charges if circumstances change, or if they otherwise choose.

The criminal law system is much more severe and strict. In criminal domestic violence cases, the court is trying to determine if the alleged perpetrator has committed a crime. These crimes may include:

• Murder
• Rape
• Assault
• Stalking
• Illegally owning a firearm

If your domestic violence case involves something of this nature, it will likely be considered a criminal case.

A major distinction in this category is that the court is trying to decide whether or not the perpetrator needs to be punished. In a civil case, the court is simply trying to decide if the victim is entitled to protection via the law. For criminal cases, the court must determine if the person has committed a crime, and then how to best punish the crime so that it does not occur again.

The court, rather than the victim, is the one charging the perpetrator in a criminal case. This means that if the victim wishes to drop the charges, the prosecuting attorney may decide to continue with the case anyhow. Because a law has been broken, charges cannot be dropped simply because the victim wishes it to be so. The court may decide that it needs to seek justice anyway.

When it comes to domestic violence, there are many different types. This is why domestic violence cannot be categorized as criminal or civil; different situations of domestic violence will call for different kinds of cases.

Though there are no hard and fast rules about any types of domestic violence being in either category, we can make a few generalizations.

Before we discuss how individual acts might be categorized, we must first discuss the forms of domestic violence. The four major categories include:

• Physical
• Emotional
• Sexual
• Financial

These categories are very general. Within them, there’s a myriad of different examples of domestic violence. These include, but are not limited to:

• Kicking, hitting, or punching
• Rape or sexual assault
• Derogatory comments or insults
• Love bombing
• Withholding funds
• Threats
• Mistreatment or neglect of children or pets

From the above examples, we can discuss which may be criminal and which may be civil. For example, punching is a form of physical assault, which is illegal. Because of this, the case could be considered criminal.

On the other hand, love bombing is a form of emotional abuse, but in and of itself is not an illegal action. For this type of situation, the case would be considered under the umbrella of civil law.

Unfortunately, not all claims are so straightforward. In many abuse or violence situations, the victim has endured several of the above examples. In these situations, the victim may be able to drop some charges and not others. All in all, an attorney will be able to help decide what can be done.

No matter if your case is civil or criminal, it is extremely important to have an attorney. Your legal representation is your only hope of winning your case. Courts often do not look kindly on those who arrive at domestic violence cases without an attorney, especially if they are the alleged perpetrator.

If you are the victim of a domestic violence situation, it is important to note that your opposition’s attorney will do everything in their power to question your experiences and recollections and will reduce your situation to seem like no big deal. If you don’t have an attorney, your abuser might not see any justice at all. What’s more, your attorney will be able to help you understand what to ask for in court, and how restraining or protective orders might work in your favor.

Here at Patton Law Group, we have the unique experience of representing both perpetrators and victims in domestic violence cases. As such, we have a strong and complete view of both civil and criminal laws surrounding these cases, and how to use them to our clients’ advantage. No matter what you have been through, what you are accused of, or how bleak the situation may seem, we can help to fight your case and give you the best chance at winning.

We are here to serve you whenever you are ready, in any way you need. Our attorneys are compassionate, understanding, and ready to help. For more information, or to schedule a consultation, contact us.